구상금
1. The Defendants shall jointly and severally pay to the Plaintiff KRW 22,746,972 as well as the interest rate from February 13, 2015 to the date of full payment.
1. Determination on the cause of the claim
A. The following facts are acknowledged in light of the evidence Nos. 1 and 2, and evidence No. 3-1 (application for installment financing, general loan/agreement, and Defendant B’s reply on May 13, 2015 on the date for the second pleading. However, there is no evidence to prove that the recognition of the establishment was contrary to the truth and caused an error, and the above revocation is not effective) of the evidence No. 3-2 through 5, 4, and 5, and the purport of the entire arguments and arguments.
1) The Plaintiff is our Capital Co., Ltd. (hereinafter “Nonindicted Company”).
B) As to the Plaintiff’s business consignment agreement between the Plaintiff and Nonparty Company (hereinafter “instant business consignment agreement”) with the content that the Plaintiff is entrusted with the business of arranging loan goods (such as installment financing, lease, credit loan, secured loan, etc.) and the Plaintiff is to receive service fees from the Nonparty Company in return.
(2) According to the instant business consignment agreement, in a case where a person who purchases a company from a company using installment financing through the Plaintiff’s recommendation executes a loan on the premise that the company would set up a first priority mortgage in the future with respect to the relevant company, and fails to perform the obligation, the Plaintiff is to immediately return the principal and interest of the loan to the non-party company.
3) On January 29, 2008, Defendant B’s agreement on installment financing (hereinafter “instant installment financing agreement”) between the non-party company and the non-party company through the Plaintiff, with interest rate of KRW 40,000,000 per annum and KRW 18.01% per annum from the non-party company, and with a three-year maturity of payment to be loaned.
(2) If the above digging pool is disposed of by voluntary transfer, etc. without the consent of the non-party company, the benefit of time shall be lost and the loan shall be immediately extended to the non-party company with respect to the digging pool purchased with the above loan.